Presumption of injury
36ED Presumption of injury
This section applies in relation to a person who—
is diagnosed by a psychiatrist, in the way prescribed by regulation, as having post-traumatic stress disorder; and
at any time before the diagnosis, was employed as a first responder or an eligible employee.
For the purposes of an entitlement to compensation, the post-traumatic stress disorder is taken to be an injury.
Subsection (2) applies despite any evidence that the post-traumatic stress disorder arose out of, or in the course of, a circumstance mentioned in section 32(5)(a), (b) or (c).
However, subsection (2) does not apply if it is proved that—
the post-traumatic stress disorder did not arise out of, or in the course of, the person’s employment as a first responder or an eligible employee; or
the person’s employment as a first responder or an eligible employee was not a significant contributing factor to the disorder.
This provision refers to the regulations (prescribed by regulation
). Made under this Act:
This Act’s bill:Explanatory memorandum
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